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Item 06.j
Date: 2 September 2015 Item No. ACCEPT BIDS AND AWARD CONTRACT FOR THE PARTIAL REROOFING OF THE WATER TREATMENT FACILITY TO PALMER WEST CONSTRUCTION COMPANY, INC. Proposed Action Staff recommends adoption of the following motion: Move to accept bids and award the contract for the partial reroofing of the Water Treatment Facility to Palmer West Construction Company, Inc. Passage of this motion enables the removal and replacement of the membrane roofing at the Water Treatment Facility. Overview The City regularly surveys the roofs of its facilities to evaluate the integrity of the roofing systems, note any needed repairs, and establish an estimated remaining service life. That survey recommended replacement of the Water Treatment Facility roof in 2015. The last survey, conducted in 2014 by Inspec, confirmed that the roof had reached the end of its service life. The current roofing system is a synthetic rubber roofing membrane called EPDM. It was installed when the facility was built in 1997. Over the years it has seen deterioration from exposure to the elements, failure of sealants allowing water entry, and has experienced numerous repairs. The proposed replacement is a thicker EPDM membrane that will be ballasted by rock. The project will also upgrade the building's lightning protection system. The City solicited bids on 14 August 2015 and opened bids on 1 September 2015. Six bids were received with Palmer West Construction Company, Inc. meeting all the specifications with a low bid of $311,300.00. Staff recommends accepting the bids and awarding the contract to Palmer West Construction Company, Inc. Primary Issues to Consider • Is roof replacement necessary? Yes. The current roofing system is 18 years old. Numerous leaks have occurred as a result of failed sealants and localized failure of the membrane. All of these incidents have resulted in some minor damage to the interior of the facility. Supporting Information • y the er o commendation and bid tabulation are attached. risto I Petree Public Works Director Financial Impact: $311,300.00 Budgeted: Yes Source: 7602.6295 Related Documents (CIP, ERP, etc.): Facility Maintenance Schedule Community Values: Good Value for Public Services ropl' IN SPEC September 2, 2015 Smart engineering of Mr. Neil Normandin City of Lakeville roofs, walls, windows. 18386 Ipava Avenue Lakeville, MN 55044 pavements RE: 2015 Partial Reroofing City of Lakeville — Water Treatment Plant and waterproofing Inspec Project No: 213241 Dear Mr. Normandin: On September 1, 2015, bids were received for the above-mentioned project. Palmer West Construction Company, Inc. submitted the lowest qualified bid in the amount of $311,300. We contacted Palmer West Construction Company, Inc. regarding their bid. They had an opportunity to review their bid and indicated they would perform the work as specified for the bid amount. Palmer West Construction Company, Inc, has worked on projects for which we have provided engineering services in the past. The work performed has been good and their personnel have been cooperative. Based on the above information, we would recommend acceptance of their bid as outlined. If you have any questions regarding the above information, please feel free to contact our office. Sincerely, INSPEC Kelan Werkmeister K W/bap 5801 Duluth street Enclosure Minneapolis, MN 55422 Ph. %3.54(-304 Fax 763-546-8o(W Chicago Milwaukee Minneapolis ay,•,.inspc�.c�m �y O V9 O_ O V1 O V1 OC V1 N iSr N aq+ t o .-9 65 .: :A .- 69 69 69 � 9 urr '� p O pp O 00 "It 'n (k�-e V/ 4. w cn cs � pq r s tk fi fi0 Q. w U a es 62 6s F. F 3 x x x x x x C a x x x x x x O _2 F- O � � w w ¢ � � w •� •� U 3 SAIA Document A101TM —2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Second day of September in the year 2015 BETWEEN the Owner: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 and the Contractor: Palmer West Construction Company, Inc. 14595 James Road Rogers, MN 55374 for the following Project: 2015 Partial Reroofing at Lakeville's Water Treatment Facility 18400 Ipava Avenue Lakeville, MN The Architect: hispec,Inc. 5801 Duluth Street Golden Valley, MN 55422 Telephone Number: 763-546-3434 Fax Number: 763-546-8669 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 w-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101TM - 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to I the maximum extent possible under the law. This document was produced by AIA software at 13:41:47 on 09/02/2015 under Order No.3513135358_1 which expires on 02/09/2016, and is not for resale. User Notes: (1666085174) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be (Paragraphs deleted) April 22, 2013 § 3.2 The Contract Time shall be measured from the date of commencement. (Paragraphs deleted) § 3.The Contractor shall achieve Substantial Completion of the entire Work not later than June 21, 2013. , subject to adjustments of this Contract Time as provided in the Contract Documents. Liquidated Damages: The Contractor and the Contractor's surety, if any, shall be liable for and shall pay the Owner $250.00 as liquidated damages for each calendar day of delay until the Work is substantially complete. (Paragraphs deleted) (Table deleted) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three Hundred Eleven Thousand, Three Hundred Dollars and No Cents ($ 311,300.00 ), subject to additions and deductions as provided in the Contract Documents. AIA Document A101 "" — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:41:47 on 09/02/2015 under Order No.3513135358_1 which expires on 02/09/2016, and is not for resale. User Notes: (1666085174) § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A § 4.3 Unit prices: Item Additional isocyanurate insulation replacement Reduction in isocyanurate insulation replacement Units and Price Per Unit ($0.00) Limitations Bd. Ft. SLSO Bd. Ft. $1.25 § 4.4 Allowances included in the Contract Sum, if any: (Paragraphs deleted) N/A (Table deleted) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201T`v-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent ( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. AIA Document A101-- 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American (nit. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This documentwas produced by AIA software at 13:41:47 on 09/02/2015 under Order No.3513135358_1 which expires on 02/09/2016, and is not for resale. User Notes: (1666085174) § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Paragraphs deleted) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (Paragraphs deleted) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ] Litigation in a court of competent jurisdiction ] Other (Spec) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. AIA Document A101TO — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This document was produced by AIA software at 13:41:47 on 09/02/2015 under Order No.3513135358 1 which expires on 02/09/2016, and is not for resale. — User Notes: (1666085174) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) 1.50 % monthly § 8.3 The Owner's representative: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 § 8.4 The Contractor's representative Palmer West Construction Company, Inc. 14595 James Road Rogers, MN 55374 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document Al 01-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction, as amended by the Owner. § 9.1.3 The Supplementary and other Conditions of the Contract: AIA A201 (Amended) Supplement (Table deleted) § 9.1.4 The Specifications: DIVISION 01 GENERAL REQUIREMENTS 01 1000 Summary 01 20 00 Price and Payment Procedures 01 30 00 Administrative Requirements Submittal Cover Sheet Submittal Log 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls AIA Document A101 *a — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to 1 the maximum extent possible under the law. This document was produced by AIA software at 13:41:47 on 09/02/2015 under Order No.3513135358 1 which expires on 02/09/2016, and is not for resale. User Notes: (1666085174) 01 60 00 01 7000 Product Requirements Execution Requirements DIVISION 06 WOOD, PLASTICS, AND COMPOSITES 06 10 00 Rough Carpentry DIVISION 07 THERMAL AND MOISTURE PROTECTION 07 53 00 07 62 00 (Table deleted) § 9.1.5 The Drawings: 1 2 3 Elastomeric Membrane Roofing Sheet Metal Flashing Title Sheet Roof Plan and Details Details (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages August 28, 2015 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional docurnents, if any, forming part of the Contract Documents: (Paragraphs deleted) .1 Amendment to the AIA A201 and Supplement (included in the original Contract Documents), attached herein. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007, and the Supplement. (Table deleted) This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) CONTRACTOR (Signature) (Printed name and title) AIA Document A101-- 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to / the maximum extent possible under the law. This document was produced by AIA software at 13:41:47 on 09/02/2015 under Order No.3513135358_1 which expires on 02/09/2016, and is not for resale. User Notes: (1666085174)